[2015] KEHC 2058 (KLR)
The court found that the protest filed by Njonjo Mbiu Itotia did not raise any substantive objection to the proposed mode of distribution of the estate, nor did it suggest any alternative distribution. The only complaint was an allegation of fraud in obtaining the grant, which was not substantiated or pursued...
Source-derived case information.
- Citation
- [2015] KEHC 2058 (KLR)
- Parties
- Applicant: Administrators of the Estate of John Mbiu Njonjo; Respondent: Njonjo Mbiu Itotia
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 606 of 1985
- Procedural Posture
- Succession Cause / Ruling on Application for Confirmation of Grant
- Outcome
- application for confirmation of grant allowed
- Judges
- DN Musyoka
- Legal Topics
- Confirmation of Grant, Estate Distribution, Administrator Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Administrators of the Estate of John Mbiu Njonjo
Applicant
Njonjo Mbiu Itotia
Respondent
Procedural Posture
Succession Cause / Ruling on Application for Confirmation of Grant
Legal Issues
- 1 Whether the application for confirmation of grant should be allowed in light of the protest filed by Njonjo Mbiu Itotia.
- 2 Whether the protest raises any valid objection to the proposed mode of distribution.
Ratio Decidendi
The court found that the protest filed by Njonjo Mbiu Itotia did not raise any substantive objection to the proposed mode of distribution of the estate, nor did it suggest any alternative distribution. The only complaint was an allegation of fraud in obtaining the grant, which was not substantiated or pursued further. Since all other beneficiaries consented to the proposed distribution and there was no valid opposition, the court allowed the application for confirmation of grant and ordered that the estate be distributed as set out in the supporting affidavit.
Court Disposition
application for confirmation of grant allowed
Orders
- The application dated 14th March 2014 is allowed.
- The estate of the deceased shall be disposed of as per paragraph 7 of the affidavit in support of the application sworn on 17th March 2014.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SUCCESSION CAUSE NO. 606 OF 1985
IN THE MATTER OF THE ESTATE OF JOHN MBIU NJONJO (DECEASED)
RULING
The matter for determination is the application for confirmation of grant. The application is dated 14th March 2014.
The application is at the instance of the administrators appointed on 15th April 2013 by Kimaru J. The proposed mode of distribution is set out in the affidavit in support of the application. There is a consent to the proposed distribution dated 14th March 2014. It is signed by all the beneficiaries save for Njonjo Mbiu Itotia.
The said Njonjo Mbiu Itotia swore an affidavit on 19th November 2014, filed herein on 20th November 2014. It is headed affidavit of protest against confirmation of grant. In it he complains that the grant sought to be confirmed had been obtained fraudulently. He does not indicate any objection to the distribution proposed in the application dated 14th March 2014.
It is my view that the distribution proposed by the administrators in the said application is not opposed. The protest on record does not make any counter proposals on distribution.
Consequently, I do hereby allow the application dated 14th March 2014. The estate of the deceased shall be disposed of as per paragraph 7 of the affidavit in support of the application sworn on 17th March 2014. Costs to be in the cause.
DATED, SIGNED and DELIVERED at NAIROBI this 9TH DAY OF OCTOBER, 2015.
W. MUSYOKA
JUDGE